If a lawyer or someone claiming to represent a law firm texts you unexpectedly after a Texas car accident, you may wonder how they found you and whether they are legally allowed to contact you.
In some circumstances, unsolicited contact after a crash may constitute barratry. Texas has laws restricting how attorneys and people working on their behalf can solicit potential clients, particularly people who have recently been injured.
Understanding Texas barratry law can help you recognize improper solicitation while protecting your rights in the personal injury case that led to the contact in the first place.
What Is Barratry in Texas?
Barratry generally refers to the improper solicitation of legal business. Texas Penal Code § 38.12 prohibits certain conduct by attorneys and others who seek legal employment through prohibited solicitation.
The law applies when an attorney, runner, or another person acting on a law firm’s behalf contacts an accident victim who did not request the communication.
Texas law has also evolved to address modern forms of solicitation. Changes that took effect September 1, 2025, expressly address certain electronic communications, including social media direct messages.
That means an unexpected text or DM encouraging you to hire a particular attorney after a car wreck should not automatically be treated as normal legal advertising.
Can a Lawyer Text You After a Car Accident in Texas?
Not every advertisement or communication from a lawyer is illegal. The circumstances surrounding the contact matter.
One major question is whether you asked the lawyer or law firm to contact you. If you never contacted the firm, requested information, or asked someone to connect you with an attorney, unsolicited communications intended to secure your personal injury case may raise concerns under Texas barratry laws.
Texas also places additional restrictions on written solicitations involving personal injury and accident claims. These rules are intended to prevent injured people from being pressured into hiring an attorney while they are dealing with the immediate aftermath of a serious crash.
What Are the Penalties for Barratry in Texas?
Barratry is not simply a violation of professional etiquette. It can carry criminal consequences.
Under Texas Penal Code § 38.12, certain barratry offenses can result in criminal prosecution. Depending on the circumstances and a person’s prior offenses, the consequences can range from a Class A misdemeanor to a third-degree felony.
Attorneys may also face professional consequences. Suspected attorney misconduct can be reported to the State Bar of Texas and may result in disciplinary proceedings.
Texas law also provides civil remedies for people subjected to illegal solicitation.
Can You Recover $50,000 for Barratry in Texas?
Texas Government Code § 82.0651 provides different remedies depending on what happened after the illegal solicitation.
If you were illegally solicited but did not enter into a contract as a result, Texas law may allow you to pursue a $50,000 statutory penalty per violation, along with actual damages and reasonable attorney’s fees.
If you signed a legal services agreement procured through barratry, different remedies may apply. The contract may be voidable, and Texas law provides for potential recovery that can include fees and expenses paid, actual damages, a statutory penalty, and attorney’s fees.
Because the available remedy depends on the circumstances, it is important to have the specific communication and any agreement you signed reviewed by an attorney familiar with Texas barratry cases.
What If You Already Hired the Lawyer Who Contacted You?
Signing a contingency fee agreement does not necessarily mean you are stuck with a lawyer who obtained your case through illegal solicitation.
Texas law may allow a contract obtained through barratry to be voided. More importantly, addressing the potential barratry does not mean you have to abandon your underlying personal injury claim.
These are two separate legal matters.
For example, if you were injured by a negligent driver and then improperly solicited by an attorney, you may have a personal injury claim arising from the wreck as well as potential rights related to the barratry.
At Law Offices Of Vic Feazell, P.C., we can help represent clients in barratry cases while also helping them pursue the underlying personal injury case.
What Should You Save If You Suspect Barratry?
Evidence of the initial contact can become important. Save text messages, screenshots of social media DMs, emails, voicemails, call logs, business cards, mailed materials, and any documents you were asked to sign.
If someone contacted you on behalf of a law firm, make a note of who they said they worked for, when they contacted you, and what they told you.
Preserving this information can help an attorney evaluate whether the solicitation violated Texas law.
At the same time, do not lose sight of your original injury case. Evidence from a car or truck wreck can disappear, and Texas personal injury claims are subject to filing deadlines.
Protecting Both Your Barratry Claim and Your Injury Case
You should be able to choose your lawyer based on trust, experience, and your own judgment, not because someone pressured you immediately after you were hurt.
If you received an unsolicited call, text, or message from a lawyer after a Texas car accident, Law Offices Of Vic Feazell, P.C. can review what happened and discuss your options. We can help with a potential barratry case and, when appropriate, represent you in the underlying personal injury claim as well.